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`UNITED STATES PATENT AND TRADEMARK OFFICE
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`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria1 Virginia 22313- 1450
`www.uspto.gov
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`APPLICATION NO.
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` F ING DATE
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`FIRST NAMED INVENTOR
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`ATTORNEY DOCKET NO.
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`CONF {MATION NO.
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`13/391,869
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`02/23/2012
`
`Norihisa Yoshimura
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`MAT—10544US
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`3160
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`EXAMINER
`RATNERPRESTIA —
`05’2““ —
`7590
`52473
`PO BOX 980
`HARRINGTON, ALICIA M
`VALLEY FORGE, PA 19482-0980
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`PAPER NUMBER
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`ART UNIT
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`2872
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`NOT *ICATION DATE
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`DELIVERY MODE
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`05/24/2013
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`ELECTRONIC
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`Please find below and/or attached an Office communication concerning this application or proceeding.
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`The time period for reply, if any, is set in the attached communication.
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`Notice of the Office communication was sent electronically on above—indicated "Notification Date" to the
`following e—mail address(es):
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`ptocorrespondence @ratnerprestia.c0m
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`PTOL—90A (Rev. 04/07)
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`

`

`
`
`Applicant(s)
`Application No.
` 13/391,869 YOSHIMURA, NORIHISA
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`Examiner
`Art Unit
`AIA (First Inventor to File)
`Office Action Summary
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`ALICIA M. HARRINGTON [SENS 2872
`
`-- The MAILING DA TE of this communication appears on the cover sheet with the correspondence address --
`Period for Reply
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`
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`A SHORTENED STATUTORY PERIOD FOR REPLY IS SET TO EXPIRE 3 MONTH(S) OR THIRTY (30) DAYS,
`WHICHEVER IS LONGER, FROM THE MAILING DATE OF THIS COMMUNICATION.
`Extensions of time may be available under the provisions of 37 CFR 1.136(a).
`In no event however may a reply be timely filed
`after SIX () MONTHS from the mailing date of this communication.
`If NO period for reply is specified above, the maximum statutory period will apply and will expire SIX (6) MONTHS from the mailing date of this communication.
`-
`- Failure to reply within the set or extended period for reply will, by statute, cause the application to become ABANDONED (35 U.S.C. § 133).
`Any reply received by the Office later than three months after the mailing date of this communication, even if timely filed, may reduce any
`earned patent term adjustment. See 37 CFR 1 .704(b).
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`Status
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`1)IZI Responsive to communication(s) filed on 23 February 2012.
`El A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/were filed on
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`2b)|ZI This action is non-final.
`2a)|:l This action is FINAL.
`3)I:I An election was made by the applicant in response to a restriction requirement set forth during the interview on
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`; the restriction requirement and election have been incorporated into this action.
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`4)|:| Since this application is in condition for allowance except for formal matters, prosecution as to the merits is
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`closed in accordance with the practice under Exparte Quay/e, 1935 CD. 11, 453 O.G. 213.
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`Disposition of Claims
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`is/are pending in the application.
`5)|:I Claim(s)
`5a) Of the above claim(s)
`is/are withdrawn from consideration.
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`is/are allowed.
`6)I:I Claim(s)
`7)|Z| Claim(s)_1-7is/are rejected.
`8)|:I Claim(s)_ is/are objected to.
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`are subject to restriction and/or election requirement.
`9)I:I Claim((s)
`* If any claims have been determined allowable, you may be eligible to benefit from the Patent Prosecution Highway program at a
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`participating intellectual property office for the corresponding application. For more information, please see
`hit
`I/lWWWlISMO. ovI’ atentS/init events/
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`
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`hI/index.‘s or send an inquiry to PPI-iieedback{®usgtc.00v.
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`Application Papers
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`10)I:l The specification is objected to by the Examiner.
`11)|Xl The drawing(s) filed on 23 February 2012 is/are: a)IZI accepted or b)I:I objected to by the Examiner.
`Applicant may not request that any objection to the drawing(s) be held in abeyance. See 37 CFR 1.85(a).
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`Replacement drawing sheet(s) including the correction is required if the drawing(s) is objected to. See 37 CFR 1.121 (d).
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`Priority under 35 U.S.C. § 119
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`12)IXI Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d) or (f).
`Certified copies:
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`a)IZl All
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`b)|:l Some * c)I:l None of the:
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`1.I:I Certified copies of the priority documents have been received.
`2.|:l Certified copies of the priority documents have been received in Application No.
`SIXI Copies of the certified copies of the priority documents have been received in this National Stage
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`application from the International Bureau (PCT Rule 17.2(a)).
`* See the attached detailed Office action for a list of the certified copies not received.
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`Interim copies:
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`a)|:l All
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`b)I:I Some
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`c)I:I None of the:
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`Interim copies of the priority documents have been received.
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`Attachment(s)
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`1) D Notice of References Cited (PTO-892)
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`3) D Interview Summary (PTO-413)
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`Paper N°ISI/Ma" Date' —
`PTO/SB/Os
`t
`t
`St
`I
`D'
`I'
`f
`2 I] I
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`4) I:I Other:
`a emen (s) (
`Isc osure
`n orma Ion
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`Paper No(s)/Mai| Date 0212.
`U.S. Patent and Trademark Office
`PTOL—326 (Rev. 03-13)
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`Part of Paper No./Mai| Date 20130519
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`Office Action Summary
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`

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`Application/Control Number: 13/391,869
`Art Unit: 2872
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`Page 2
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`DETAILED ACTION
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`Information Disclosure Statement
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`The Examiner has considered the information disclosure statement filed on 2/23/ 12.
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`The following is a quotation of 35 USC. 112(b):
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`Claim Rejections - 35 USC § 112
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`(B) CONCLUSION—The specification shall conclude with one or more claims particularly
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`pointing out and distinctly claiming the subject matter which the inventor or a joint inventor
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`regards as the invention.
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`The following is a quotation of 35 USC. 112 (pre—AIA), second paragraph:
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`The specification shall conclude with one or more claims particularly pointing out and distinctly
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`claiming the subject matter which the applicant regards as his invention.
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`Claim 5 is rejected under 35 USC. 112(b) or 35 USC. 112 (pre—AIA), second
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`paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject
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`matter which the inventor or a joint inventor, or for pre—AIA the applicant regards as the
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`invention.
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`Claim 5 recites a “resin spacer is formed”. This recitation denotes a method step. Thus,
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`the claim simultaneously claims both statutory classes (an apparatus and a method) is indefinite
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`under 112/2d (In Ex Parte Lyell 17 USPQ2d 1548(BD.PA & I 1990).
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`Claim 5 will be examined as best understood by the Examiner.
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`Claim Rejections - 35 USC § 102
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`The following is a quotation of the appropriate paragraphs of 35 USC. 102 that form the
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`basis for the rejections under this section made in this Office action:
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`A person shall be entitled to a patent unless —
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`

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`Application/Control Number: 13/391,869
`Art Unit: 2872
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`Page 3
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`(b) the invention was patented or described in a printed publication in this or a foreign
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`country or in public use or on sale in this country, more than one year prior to the date of
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`application for patent in the United States.
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`Claims l,3,4,5 and 6 are rejected under 35 U.S.C. 102(b) as being anticipated by JP
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`2007-279557.
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`Regarding claim 1, a lens barrel comprising: a lens holder; an imaging lens that includes
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`a plurality of lenses(30,40,50,60) inserted in the lens holder(lO), the plurality being at least three;
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`a light shielding spacer(80) that is a light shielding plate disposed between the lenses; and a resin
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`spacer(70) that is a light shielding plate disposed between the lenses which the light shielding
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`spacer is not disposed and has a thickness in an optical axis direction thicker than that of the light
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`shielding spacer, and has elasticity in the optical axis direction, wherein the resin spacer is
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`disposed between the lenses that affect field curvature, and wherein the resin spacer is deformed
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`and fixed in position by compressing a space between the lenses that affect the field
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`curvature(see figure 3)—see section 22,26,27).
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`Regarding claim 3, the lens barrel of Claim 1, wherein the resin spacer (70) has a ring
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`shape haVing a taper—shaped portion (region behind stop has thicker inner walls) of which an
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`inner wall diameter on the side of an image pickup deVice is larger than an inner wall diameter
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`on the side of an object (the region in front of stop has thinner inner walls).
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`Regarding claim 4, the lens barrel of Claim 3, wherein a gap (between lens 40 and spacer
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`70) is present between outer peripheral end portion of the resin spacer on the side of the image
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`pickup deVice and an inner wall of the lens holder—see figure 3.
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`Regarding claim 5, the lens barrel of claim 3, wherein the resin spacer is formed so that a
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`minimum diameter(only a part of the thicker wall abuts lens 40) of a portion which is in contact
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`with a surface of the lens on the side of the image pickup deVice(image pick up plane P) is
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`larger(thicker diameter) than a maximum diameter(thinner wall abutting lens 30) of a portion
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`which is in contact with a surface of the lens on the side of the object.
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`Regarding claim 6, the lens barrel (section 1) according to claim 1, a holder that holds the
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`lens barrel (camera body) and an image pick up deVice (CCD at plane P) that is disposed to have
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`

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`Application/Control Number: 13/391,869
`Art Unit: 2872
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`Page 4
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`an imaging center corresponding to the optical axis of the lens barrel held by the holder (see
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`figure 3).
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`Claims 1 and 6 are rejected under 35 U.S.C. 102(b) as being anticipated by Chirhiro (JP
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`2008—304642).
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`Regarding claim 1, a lens barrel comprising: a lens holder(l); an imaging lens(infrared
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`imaging—section ll) that includes a plurality of lenses(21—23) inserted in the lens holder(l), the
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`plurality being at least three(see figures 1 and 8); a light shielding spacer(32) that is a light
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`shielding plate disposed between the lenses; and a resin spacer(3l or 5; see section 10,17,23— a
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`polycarbonate or aluminum material) that is a light shielding plate disposed between the lenses
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`which the light shielding spacer is not disposed and has a thickness in an optical axis direction
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`thicker(element 3l—see figure 2) than that of the light shielding spacer, and has elasticity in the
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`optical axis direction, wherein the resin spacer is disposed between the lenses that affect field
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`curvature, and wherein the resin spacer is deformed and fixed in position by compressing a space
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`between the lenses that affect the field curvature(see section lO,l7,l9,23,33).
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`Regarding claim 6, the lens barrel according to claim 1, a holder that holds the lens
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`barrel (camera body) and an image pick up device (section ll) that is disposed to have an
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`imaging center corresponding to the optical axis of the lens barrel held by the holder (see figure
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`1 and 5).
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`Claim Rejections - 35 USC § 103
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`The following is a quotation of 35 U.S.C. 103(a) which forms the basis for all
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`obviousness rejections set forth in this Office action:
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`(a) A patent may not be obtained though the invention is not identically disclosed or
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`described as set forth in section 102 of this title, if the differences between the subject
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`matter sought to be patented and the prior art are such that the subject matter as a whole
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`would have been obvious at the time the invention was made to a person having ordinary
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`skill in the art to which said subject matter pertains. Patentability shall not be negatived
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`by the manner in which the invention was made.
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`

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`Application/Control Number: 13/391,869
`Art Unit: 2872
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`Page 5
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`Claims 2 and 7 rejected under 35 U.S.C. 103(a) as being unpatentable over JP2007—
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`279557 in View of Fujinon JP 2005-17615.
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`Regarding claims 2 and 7, JP2007—279557 teaches using resin material for the spacer. JP
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`2007—279557 fails to specifically disclose the type of resin.
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`Fujinon teaches using a heat resistance ring shaped resin spacer (2) to compressing the
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`spaces between lenses in lens barrel for a camera in a cellular phone (portable terminal—section
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`31), such as a metal or aluminum or polycarbonate. Thus, Fujinon teaches resin materials that
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`can be formulated with bending elastic modulus of 2000MPA to 3000MPA for spacers in lens
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`barrel (see sections 15, 26, 2 9).
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`Thus, it would have been obVious to one of ordinary skill in the art at the time the
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`invention was made to include this feature, since it is known in the art and since it has been held
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`to be within the general skill of a worker in the art to select a known material on the basis of its
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`suitability for the intended use as a matter of obVious design choice. In re Leshin, 125 USPQ
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`416.
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`Conclusion
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`Any inquiry concerning this communication or earlier communications from the
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`examiner should be directed to ALICIA M. HARRINGTON whose telephone number is
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`(571)272—2330. The examiner can normally be reached on Monday — Friday 9:00—5:30.
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`If attempts to reach the examiner by telephone are unsuccessful, the examiner’s
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`supervisor, Thomas Pham can be reached on 571 272 3689. The fax phone number for the
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`organization where this application or proceeding is assigned is 571—273—8300.
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`

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`Application/Control Number: 13/391,869
`Art Unit: 2872
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`Page 6
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`
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`may be obtained from either Private PAIR or Public PAIR. Status information for unpublished
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`
`/ALICIA M HARRINGTON/
`
`Primary Examiner
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`Art Unit 2872
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`AMH
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`